The Patna High Court granted anticipatory bail to the petitioner in an excise case involving illicit liquor, directing default appearance within six weeks on furnishing a bond.
Petitioner released on bail on Rs.10,000 bond with two sureties within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27914 of 2020
Arising Out of PS. Case No.-37 Year-2020 Thana- RAGHUNATHPUR District- Siwan
======================================================
Sanjiv Kumar Singh @ Chhotan Singh, S/o Anil Singh, Resident of VillageNahan, P.S.- Raghunathpur, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 02-02-2021
As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Raghunathpur P.S. Case No. 37 of 2020, registered under Sections 30(a) and 38 of the Bihar Excise Act, 2016.
The accusation is that on receiving secret information about storage of illicit liquor by Chhotan Singh
Patna High Court CR. MISC. No.27914 of 2020(2) dt.02-02-2021 2/3
(petitioner) of village Narhan in bush situated at the bank of Saryu River and doing the business of illicit liquor, the informant along with other police personnel reached there then saw that one person on seeing the police party started to flee away, while he was chased but succeeded to flee away. Thereafter, on search, 60 sacks each containing 144 pouches of 180 ml, in the volume of 1556.200 litres, of Indian made foreign liquor were recovered from the bush. Thereafter, the villagers present there disclosed that Chhotan Singh (petitioner) is doing the business of illicit liquor.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case mere on suspicion, while he was not found at the place of occurrence. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Siwan, in connection with Raghunathpur P.S. Case No. 37 of 2020,
Patna High Court CR. MISC. No.27914 of 2020(2) dt.02-02-2021 3/3
subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in connection with the prosecution case.
Whether the petitioner is eligible for bail bond and condition compliance under Section 438(2) Cr.P.C.
1 provisions across 1 enactments
Sanjiv Kumar Singh @ Chhotan Singh
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
